Assessment Task: 2,600 -word Report

MODULE: LAW IN THE WORKPLACE LEVEL 6

BA HONS BUSINESS AND MANAGEMENT

AN EMPLOYER’S DUTY OF CARE

We often talk of an employer’s ‘duty of care’ to their employees. But just what does this duty consist of?

Employers have a duty of care to their employees, which means that they should take all steps which are reasonably possible to ensure their health, safety and wellbeing. Demonstrating concern for the physical and mental health of your workers shouldn’t just be seen as a legal duty – there’s a clear business case, too.  It can be a key factor in building trust and reinforcing your commitment to your employees, and can help improve staff retention, boost productivity and pave the way for greater employee engagement.

Legally, employers must abide by relevant health & safety and employment law, as well as the common law duty of care. They also have a moral and ethical duty not to cause, or fail to prevent, physical or psychological injury, and must fulfil their responsibilities with regard to personal injury and negligence claims.

Requirements under an employer’s duty of care are wide-ranging and may manifest themselves in many different ways, such as:

  • Clearly defining jobs and undertaking risk assessments
  • Ensuring a safe work environment
  • Providing adequate training and feedback on performance
  • Ensuring that staff do not work excessive hours
  • Providing areas for rest and relaxation
  • Protecting staff from bullying or harassment, either from colleagues or third parties
  • Protecting staff from discrimination
  • Providing communication channels for employees to raise concerns
  • Consulting employees on issues which concern them.

An employer can be deemed to have breached their duty of care by failing to do everything that was reasonable in the circumstances to keep the employee safe from harm. Employees also have responsibilities for their health and wellbeing at work – for example, they are entitled by law to refuse to undertake work that isn’t safe without fear of disciplinary action.

TASK:

You are a deputy manager in a UK organisation.  You were recently sponsored to a national conference on ‘Employer’s Duty of Care’ by your organisation and you have just returned to work. The chief executive of your organisation has asked you to write a 2,600-word report based on the theme of the conference. 

You may consider all aspects of an employer’s duty of care to its employees including the requirements listed above.

You may also consider all relevant legislation in your report including The Equality Act 2010 and The Health & Safety at Work Act 1974.  This will assist you to analyse, evaluate and reason your points of view.

General Marking Criteria

These are the broad guidelines used by lecturers when grading your assignments. Please follow these to ensure you get good grades overall.

 

Weighti ng Grade 1st 2.1 2.2 3rd F
% Subject specific knowledge and understanding
   

 

 

Knowledge

  

Authoritati ve handling of complex material

  

Demonstrates sound knowledge

 Satisfactory general knowledge of main issues  

Limited knowledge of course material

  

Factual knowledge inaccurate
   

 

 

Understanding

 Clear evidenc e of theory into practice Sound evidence of theory into practice Satisfactory evidence of theory into practice Little evidence of theory into practice  

No evidence of theory into practice
   

 

 

Information

 Excellen t range of relevant informati on  

Good range of relevant information

 Adequate range of relevant information Superficial use of relevant information  

Information not wholly relevant
  Critical analysis and thought development
   

 

 

Analysis

  

Attention to detail, precision of thought

  

Logical, generally thorough

  

Logical, but some lapses in attention to detail

 Lack of attention to detail, imprecise analysis  

Weak or little analysis
   

 

 

Synthesis

  

Clear arguments

, clear justificatio n

  

Good arguments, good justification

  

Adequate arguments some justification

  

Descriptive with undeveloped arguments

 Lacks synthesis, statements only, no justification
   

 

 

Sources

  

Extensiv e and in depth

  

Wide and in depth

  

Adequate evidence of reading

  

Limited evidence of reading

 Lacks evidence of relevant reading

 

 

 

   

 

 

Structure

  

Well structu red and lucid

  

Coherent soundly structured

 Reasonably lucid adequate structure  

Imbalance in given information

  

Lacks structure
  Presentation
   

 

 

Layout

  

Sound organisati on, correct use of

guidelines

  

Correct use of guidelines but with minor errors

 Adequate use of guidelines with minor errors  

Some major errors in use of guidelines

  

Guidelines not followed
   

 

 

Editing

  

 

 

No errors

  

Minimal errors in proof reading

 Some minors errors in proof reading  

Some major errors in proof reading

  

Inadequate proof reading
   

 

 

Referencing

  

Referencin g and annotation correct

 A few references and annotation incorrect Some references and annotation incorrect Several references and annotation incorrect  

Major errors or lack of referencing

 

Guidelines for the presentation of written work

o  Written work should be word-processed in order to demonstrate your professional abilities linked to ICT.

o  Use an appropriate and systematic layout: 12pt font and double spacing.

o  Proof-read your work

Further reading:

–     Collins, Employment Law, Chapter 2 Regulating the Workplace pp 35-36 and Chapter 5 Co-operation see particularly pp 101-110.

Deakin & Morris, “Implied Term of Mutual Trust and Confidence” on pp 361-366 & Sources of Contractual Terms on pp 260-267 & “Assessment” section on pp 409-413

Hugh Collins, Employment Law, Chapter 5 esp heading mutual trust and confidence

Employment Rights Act 1996

Employment Relation Act 2004

Equal Pay   Act

Data Protection Act

National Minimum Wage Act

For further info access ACAS website.

Thank you!